Married in America, wanting to move to Canada

[iPBnJ]

I am an American, the wife is Canadian. Two years ago she moved to America with me and we got married. We filled for all the proper paperwork and she received a permanent resident status (she has to renew it every two years). A few weeks ago, we learned the she was pregnant. Although we're not ready in our life to have children, we ended up learning that she has a condition that makes it very difficult for her to get pregnant. We have discussed many times in the past that if we were to have children, we will return to Newfoundland to have and raise them. The problem is now that time is upon us and after weeks of searching the Canadian immigration site, I still do not know what all forms I would need to fill out and submit to be able to move and work out there with my wife.

My wife is due to return to Canada in two weeks and I would like to join her within two to three months after I get a few things settled out here. I would also like to be able to work as soon as I get out there. Currently, I am self employed with a two year contract with an eBusiness and I would like to continue to be able to work for them even if I am able to immigrate to Canada since all I need is a computer and internet connection. We were told in the past that if I were to immigrate out there, I wouldn't be able to work for the first three years which is unacceptable.

For the past few weeks, I have researched the Canadian Immigration website, but still I do not know what forms I need to submit or even how long it will take before I can be with my wife and child. If anyone can help me with this situation, it will be much appreciated. I do not want to miss the birth of our child. I want to be there for my wife until the day our child is born.

 

[AAL1984]

The 3 yr thing is bs whoever told you that is full of crap. Even if you are in Canada but your working online for your American employer out of the US, then thats fine. Thats like a Canadian visiting US on vacation but doing business in Canada with his clients over his Blackberry or working on some stuff over his laptop, you dont need a work visa for that.

It takes about 11 months for the application to be processed for you to get your PR card.


All you need to do is this, go to main forum menu on this website, go to family sponsorship, go to the top thread its called Spousal sponsarship, on page one there all the info you need is right there.

 

[iPBnJ]

During that 11 month period, would it be possible for me to live out there within the time frame?

Also, I remember reading that another way to apply for PR, I need to be in Canada then apply for it. If I went to NFLD using my passport, can I apply for PR that way?

 

[AAL1984]

During that 11 month period, would it be possible for me to live out there within the time frame?

Also, I remember reading that another way to apply for PR, I need to be in Canada then apply for it. If I went to NFLD using my passport, can I apply for PR that way?

You have a lot of misinformation, please read carefully the link in this post.

You can apply for spousal sponsorship from within Canada or from outside by sending your application to any Canadian embassy in the U.S, NY for example.

Yes you could stay that whole time in Canada too, as an American its pretty easy. You are allowed into Canada for up to 6 months, if you wish to extend that you just fill out a simple visa extension application and tell them "I've applied for my PR card through my spouse (Inland)" and they will most likely give you an extension for a year to two, (which allows you to stay till processing complete).


Now please understand and read carefully the difference between Inland and Outland, you have a choice here in what type of application you make, both have their advantages and disadvantages. I think since you want to stay with your wife the whole time, you'd go for Inland, but please please read carefully this link.

Ok, good luck, its not as hard as you think. I also sponsored my American wife.

Just read here, and remember to apply for your FBI fingerprint clearance.

http://www.canadavisa.com/canada-immigration-discussion-board/spousal-sponsorship-t46995.0.html

Its all summarized with links to all the forms you will need, read carefully. Its easy.

 

[Leon]

For a US citizen, I would recommend outland because it much faster. He can still stay with the wife by asking for an extension which is usually approved even if it is outland and he shows that he has the funds and travel insurance to keep himself fed and safe. However, keep in mind that in order to be able to ask for an extension, you need to be able to prove when you entered so ask for a passport stamp when you enter or ask for a visitor record.

 

[epilobium]

However, keep in mind that in order to be able to ask for an extension, you need to be able to prove when you entered so ask for a passport stamp when you enter or ask for a visitor record.

I am kicking myself that we did not know to do this. My American husband entered Canada by car in April but he got no passport stamp or anything, even though he was questioned as to his intention to return to the US. Any ideas of how we can prove when he entered Canada? Member OhCanadiana suggested roaming cell phone records proving his presence there - we haven't checked that yet.

 

[Leon]

I am kicking myself that we did not know to do this. My American husband entered Canada by car in April but he got no passport stamp or anything, even though he was questioned as to his intention to return to the US. Any ideas of how we can prove when he entered Canada? Member OhCanadiana suggested roaming cell phone records proving his presence there - we haven't checked that yet.

Many people actually just leave again and come back to "extend" their visitor status which is not actually the proper way but often works. You could call CIC and ask what kind of proof would be accepted. How about bank records? Does he have a credit card that he has been using? If they say no, he could leave again and ask for the passport stamp when he comes back.

You don't have to kick yourself over not knowing this. It is not really common knowledge.

 

[epilobium]

Thanks for your reply Leon!

Many people actually just leave again and come back to "extend" their visitor status which is not actually the proper way but often works.

I am nervous about dh leaving the country unnecessarily because of how they questioned him about his intention to return to the US the first time, but perhaps the marriage certificate and submitted spousal sponsorship application would make a difference this time.

You could call CIC and ask what kind of proof would be accepted. How about bank records? Does he have a credit card that he has been using? If they say no, he could leave again and ask for the passport stamp when he comes back.

We have documentation of his being in the US up until Apr. 18 (credit card charges and not roaming outside US on cell). Then he turned off his cell phone at the border (to avoid roaming charges) and used cash for a few days so there is no documentation of his being in Canada until Apr. 23 (shows Canada roaming charges on cell). I'm hoping that will be enough.

Sorry for the thread-jack iPBnJ. That sounds like a very frustrating situation and I wish you the best of luck with it.